In 2009 the FDA analyzed the ingredients in a small sample of cartridges from two leading brands of electronic cigarettes. In one sample, the FDA’s analyses detected diethylene glycol, a chemical used in antifreeze that is toxic to humans, and in several other samples, the FDA analyses detected carcinogens, including nitrosamines.

The agency’s authority to regulate electronic cigarettes was challenged in federal court by an electronic cigarette manufacturer. The court determined that the FDA could not regulate electronic cigarettes in the way the agency initially attempted. FDA is in full compliance with the court’s original decision, which was handed down on December 7, 2010. Currently the FDA is considering its legal and regulatory options.